Criminal Law Blog
The Case of the Non-Citizen Facing Felony PPP Fraud Indictment: Innocent of All Charges
This is the first in my series of articles discussing specific aspects of some of my recent criminal defense representations here in Texas. These will be generalized discussions: particulars including the identification of clients, prosecutors, etc. will not be included for obvious privacy reasons. No one reading these articles should assume any form of legal…
What is a Federal Deferred Prosecution Agreement?
Here in Texas, federal investigations may target organizations and businesses in their various forms as well as individuals for violations of federal criminal statutes. For instance, in health care fraud investigations, potential defendants include all sorts of practitioners, from doctors or pharmacists, to pharmacy retailers; medical supply distributors; hospital operators; clinic operators; group practices; nursing…
Admissibility of Digital Data: Use of Electronic Evidence in Federal Criminal Case
Digital data, or electronic data, is a common focus in most federal prosecutions today here in Texas. Our previous article discussed some criminal defense concerns regarding how in the discovery process investigators can search and seize this type of potential evidence in breach of the constitutional protections provided by the Fourth Amendment. Discovery, of course,…
Digital Data and the Fourth Amendment Prohibition Against Illegal Search and Seizure
Defense Discovery Concerns Regarding Digital Investigations The Fourth Amendment of the United States Constitution, ratified on December 15, 1791, establishes the protection for every U.S. citizen against unreasonable searches and seizures by the government. It states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and…
The Top Federal Felony Charges That Come With Mandatory Minimum Sentences: New USSC Report
The United States Sentencing Commission (“USSC”) recently published new information regarding mandatory minimum sentences in federal felony charges. Read, United States Sentencing Commission Quick Facts Mandatory Minimum Penalties (FY 2024). What does this mean for criminal defense lawyers as well as federal prosecutors? And, importantly, how does this impact those who are being investigated, charged, convicted,…
Criminal Defense Discovery in Texas After Heath
Criminal defense attorneys across the state welcomed the decision of the Texas Court of Criminal Appeals (TCCA) this June when the opinion came down in The State Of Texas v. Dwayne Robert Heath, Appellee, Cause No. PD-0156-22. (A dissent to the motion for rehearing was filed on September 25, 2024). Here are the details of…
Defense Mitigating Factors: Reducing Sentences in Federal Cases
Mitigation in Sentencing: October 2024 USSC Primer for Federal Criminal Defense Our previous article focuses upon the importance of sentencing considerations in any federal criminal defense matter. Particularly, how it is critical for defendants and their loved ones to know that the prosecution will have a number of “aggravating factors” to argue as reasons to…
How Prosecutors Try to Maximize Punishment: Aggravating Factors in Federal Sentencing
October 2024 USSC Primer Provides Guidance on Application of USSG §3B1.1 It’s all about the trial if you watch movies, TV shows, or YouTube true crime podcasts. But that’s not reality for those facing federal felony charges. Evidentiary sentencing hearings are a huge battleground for most federal defendants. Criminal lawyers defending people who are being…
Aggravated Identity Theft: Federal Crimes and Mandatory Punishments
The basic federal felony criminal statute defining “identity theft” has been on the books for over twenty-five years, but it didn’t take long for lawmakers to decide it wasn’t enough. A new and more serious criminal charge was argued as necessary within six years of its passage. The result was Congress enacting the 2004 Identity…
Federal Financial Instrument Fraud: Felony Credit Card Crimes
Banking is big business around the world but it is particularly important here in Texas, where Governor Abbott recently announced on X that the State of Texas enjoys the 10th largest economy in the world (yes, the WORLD). For most of us, Big Banking translates into our checking and savings accounts alongside our credit cards,…
